Validity of Blank Cheques issued 2 years back. PLS CLARIFY!!

But the cheques were given by the Drawer to Drawee without executing any Agreement / Promissory note but as a GIFT & in the matter of TRUST. But now, the Drawee blackmails Drawer that he would enact Sec-138 if the cheque bounces. Is this amount be enforced under law or under legal liablity?

I believe that one can not enact NI-138 Act if that payment is not enforced under law or under legal liablity. But here the case is not like that. Moreover, the cheque has given only by Oral agreement that the Drawee would get some money for Drawer and after that, the Drawee may use that Cheque as his Brokerage / Gift. But the Drawee has not done his job at all and never get any money for Drawer.

Here, Drawee acted only as a AGENT / BROKER for Drawer. However, Drawee didn't keep up the Promise and never get any money for Drawer. So, how to deal this case.

If a person uses the cheques burden lies on him to prove the existing legally payble debt.    When you that your cheque are with drawee why you kept quiet instead of issuing a notice to return the blank cheques.  Still you have got time.

For fruther details call me.

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251, 9960223100

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE BLANK SIGNED CHEQUES WITH THE OTHER SIDE KINDLY NOTE THAT.

1.YOU HAVE MADE STOP PAYMENT OF THE SAID CHEQUES AND EVEN CLOSED THE SAID BANK ACCOUNT.MEANS WHENEVER IT IS PRESENTED WILL BE RETURNED DISHONOURED TO THE HOLDER OF CHEQUE WITH REMARK STOP PAYMENT./REFER DRAWER.

2.YOU MAY KINDLY NOTE THAT IF THE HOLDER OF CHEQUES INTENDS TO HARASS YOU ,HE MAY WRITE NAME DATE AND AMOUNT ON THE SAID CHEQUE AND SEND THE SAME FOR CLEARING AND WILL FILE A CASE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT.

3 YOU MAY DEFEND THE MATTER BY MENTIONING ALL YOUR DEFENCE POINTS.

4YOU MAY SEND A LEGAL NOTICE TO THE HOLDER OF THE SAID CHEQUES AND DEMAND BACK THE BLANK CHEQUES AND ALSO MENTION NOT TO PRESENT ANY CHEQUES AS THERE ARE NO DUES PENDING .YOU MAY SEND SAID NOTICE BY REGD POST A.D. SO THAT YOU CAN USE THIS NOTICE AS YOUR DEFENCE IN CASE ANY CASE IS FILED AGAINST YOU.

YOU MAY WRITE OR CALL OR SMS IN CASE OF ANY HELP

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

GOOD LUCK.

Dear NandaKumar & Rajeev,

Actually, the aforesaid matter happened to one of my relative who is illiterate. So, he seeks my help to get rid of from these problems. Therefore, I used this wonderful forum on behalf of him to get some inputs from experts like you...! And, am doing voluteer service here and it gives some sort of satisfaction..!!

If we need any further inputs, surely will call you.

Anyways, Thanks a lot for your intellectual points, which definitely pours some light to his issues.

Situation

1) the cheque was signed 2 years back

2) there was no date and name and amount on the cheque, which means you can't prove that it was signed 2 years back.

3)stop payment instructions given 18 months back

4) complaint was made that the cheque was lost 1 1/2 year back

5) 2 years back, the drawee (who is this?) was given (why?) but did not drop for encashment (why?). How is it that you have complained that the cheque was lost whereas it was actually "given" to the drawer.

6) I am guessing, the cheque was given as some sort of a guarantee, and there are more facts to this situation than given in your question. There must be some sort of a debtor/creditor relationship between this drawer and the drawee.

Mithir,

I think that you have not read out the contents posted by me, carefully. You got all the answers for the questions that you have arised on my post.

So, I advise you to have a look again and read cautiously before posting any of your comments to anyone in this forum.

Note: I requested only the Lawyers/Advocates who are well-versed handling this situation. I never entertain others/guests who don't have much knowledge about the subject to answer to my posts. Because of them, we will get only confusion rather than a solution. So, I again request those people... pls keep away from my post.

Thanks!

 1. A BLANK CHEQUE IS A DRASTIC WEAPON IN THE HOLDER OF THE PERSON AND THE DATE IT BEARS ON TIME IS TREATED AS THE DATE ON WHICH IT WAS DRAWN BY THE DRAWER.

2. MORE SO THE CHEQUE WHICH WAS ISSUED TWO YEARS BACK, THE VALIDITY FOR RECOVERING THE DEBTS IS UP TO THREE YEARS  AS PRESCRIBED IN THE LIMITAION ACT.

Mr. Shiva,

Apart from the fate of subject cheque of your query, please learn to be polite with co-members.

This forum is designed for discussion amongst the members. If you want your queries be dealt exclusively by Advocate / Expert members only, always put them under, "Experts" section.

if the case is in the court go for a forensic report to find out the age of the cheque and the ink chemical. it is fool proof. This is just a suggestion which the court will take into consideration.

In similar case a money lender gets signed blank cheque, after two years puts date and amount, stamps drawerer name (Money lender's company name) and in case pleads that accused had come to his office and gave cheque two days before it was presents, whereas account was closed 17 months back, the shop from where he was collecting daily installement was also closed 17 months back.

What is scope of section 138 in such a case?

Court cases do not run as computor machines so if you contest properly you can surely win the case.

Please go through the following opinion of SUPREME COURT in a cheque case.--22. The courts below, as noticed hereinbefore, proceeded on the basis that
Section 139 raises a presumption in regard to existence of a debt also. The
courts below, in our opinion, committed a serious error in proceeding on the
basis that for proving the defence the accused is required to step into the
witness box and unless he does so he would not be discharging his burden.
Such an approach on the part of the courts, we feel, is not correct.
23. An accused for discharging the burden of proof placed upon him
under a statute need not examine himself. He may discharge his burden on
the basis of the materials already brought on records. An accused has a
constitutional right to maintain silence. Standard of proof on the part of an
accused and that of the prosecution in a criminal case is different.

Thank you Sir

I request you please post case number and judgement